Antitrust Column & Publications

Short Seller's Antitrust Suit Precluded by Securities Law

Date: 12/31/09

Source: The New York Law Journal. Reprinted with permission.

The U.S. Court of Aappeals for the Second Circuit ruled that a short seller's claims that financial institutions conspired to fix borrowing fees were properly dismissed by the district court because they presented a conflict with securities regulations. The Federal Trade Commission (FTC) used three different modes of analysis to conclude that a realtor association's discriminatory rules restricting the dissemination of discount brokers' listings unreasonably restrained trade, delineating the commission's approach to full and abbreviated rule of reason analysis.

Short Seller's Antitrust Suit Precluded by Securities Law.pdf (pdf | 171.97 KB )